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GARLAND COAL & MINING CO. v. UNITED MINE WORKERS

Nos. 84-2464, 84-2465 and 84-2529.

778 F.2d 1297 (1985)

GARLAND COAL & MINING COMPANY, Appellee, v. UNITED MINE WORKERS OF AMERICA, Appellant. DISTRICT 21, UNITED MINE WORKERS OF AMERICA; Local 1285, United Mine Workers of America; Local 1329, United Mine Workers of America; Local 2071, United Mine Workers of America; Local 2428, United Mine Workers of America, v. TOLTEC COAL COMPANY and Great Western Enterprises, Inc. GARLAND COAL & MINING COMPANY, Appellee, v. UNITED MINE WORKERS OF AMERICA DISTRICT 21, United Mine Workers of America; Appellant, Local 1285, United Mine Workers of America; Appellant, Local 1329, United Mine Workers of America; Appellant, Local 2071, United Mine Workers of America; Local 2428, United Mine Workers of America, Appellants, Toltec Coal Company and Great Western Enterprises, Inc. GARLAND COAL & MINING COMPANY, Appellant, v. UNITED MINE WORKERS OF AMERICA DISTRICT 21, United Mine Workers of America; Local 1285, United Mine Workers of America; Local 1329, United Mine Workers of America; Local 2071, United Mine Workers of America; Local 2428, United Mine Workers of America, Appellees, v. TOLTEC COAL COMPANY and Great Western Enterprises, Inc.

United States Court of Appeals, Eighth Circuit.

Decided December 5, 1985.

Attorney(s) appearing for the Case

August Randall Vehar, Washington, D.C., for United Mine Workers of America.

William C. Nulton, Kansas City, Mo., for Garland Coal & Mining Co.

Before HEANEY and BOWMAN, Circuit Judges, and WANGELIN, Senior District Judge.

HEANEY, Circuit Judge.

The United Mine Workers of America (UMWA) appeals from an order of the district court, 596 F.Supp. 747 (D.C.Ark.1984), holding that Garland Coal & Mining Company has no contractual duty to arbitrate grievances which arose after the parties' collective bargaining agreement expired. The UMWA also appeals from an order dismissing its counterclaims and third-party complaint. Garland cross-appeals the district...

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